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As used in this chapter, the following shall have the meaning ascribed to them unless the context clearly requires a different meaning:
"BUSINESS." Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, professional service corporation, or any legal entity through which business is conducted for profit.
"BOARD OF ETHICS." The City of Berea Board of Ethics which is created and vested by this chapter with the responsibility of enforcing the requirements of the city's code of ethics.
"CANDIDATE." Any individual who seeks nomination or election to a city office. An individual is a candidate when the individual files a notification and declaration for nomination for office with the county clerk or secretary of state, or is nominated for office by a political party, or files a declaration of intent to be a write-in candidate with the county clerk or secretary of state.
"CITY." The City of Berea, Kentucky.
"CITY AGENCY." Any agency, board, commission, authority, non stock corporation, or other entity, created either individually or jointly, by this city.
“CONFIDENTIAL INFORMATION.” Information obtained in the course of holding public office or employment, or as a contractor to the city, which is not available to members of the pubiic and which the officer or employee is not authorized to disclose, except to designated individuals or bodies, including written and non-written information. When such information is also available through channels open to the public, officers and employees are not prohibited from disclosing the availability of those channels.
“CONSULTANT.” An independent contractor or professional person or entity engaged by the city or advising a city officer, and in a position to influence a city decision or action, or have access to confidential information.
“CUSTOMER OR CLIENT.”
(A) Any person or entity to which a person or entity has supplied goods or services during the previous twenty-four (24) months, having a total value greater than one thousand dollars ($1,000.00); or
(B) Any person or entity to which an officer or employee’s outside employer or business has supplied goods or services during the previous twenty-four (24) months, but only if the officer or employee knows or has reason to know the outside employer or business supplied the goods and services.
“DOMESTIC PARTNER.” An adult, unrelated by blood, with whom an unmarried or separated officer or employee has an exclusive committed relationship, maintains a mutual residence, and shares basic living expenses.
"EMPLOYEE." Any person whether full-time or part-time, and whether paid or unpaid, who is employed by or provides service to the city. The term "employee" shall not include any contractor or subcontractor or any of their employees.
"FAMILY MEMBER." A spouse, parent, child, brother, sister, nephew, niece, uncle, aunt, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, grandchild, step-mother, step-father, step-sister, or step-brother.
“FINANCIAL BENEFIT.” Includes any money, service, license, contract, authorization, loan, discount, travel, entertainment, hospitality, gratuity, or any promise of these, or anything else of value. This term does not include campaign contributions authorized or permitted by law.
“FINANCIAL INTEREST.” A relationship to something such that a direct or indirect financial benefit has been, or will be, or might be, received as a result of it.
“HOUSEHOLD.” Includes anyone whose primary residence is in the officer or employee’s home, including non-relatives who are not rent payers or servants.
"IMMEDIATE FAMILY MEMBER." A spouse, an unemancipated child resident in the officer's or employee's household, or a person claimed by the officer or employee, or the officer's or employee's spouse, as a dependant for tax purposes.
"OFFICER." Any person, whether full-time or part-time, and whether paid or unpaid, who is of the following:
(A) The mayor.
(B) A city council member.
(C) The city clerk.
(D) The city administrator.
(E) The police chief.
(F) The fire chief.
(G) Any person who occupies a non-elected office created under KRS 83A.080.
(H) A member of the governing body of any city agency who has been appointed to the governing body of the agency by the city; provided, however, not including uncompensated non-elected board and commission members.
“OFFICIAL ACT.” Any legislative, administrative, appointive, or discretionary act of any public official or employee of the city or any agency, board, committee, or commission thereof.
“PERSONAL BENEFIT.” Includes benefits other than those that are directly financially advantageous. These include financial benefits to relatives and business associates, as well as non-financial benefits to these people and to oneself, including such things as reputation and the success of one’s career.
“PERSONAL INTEREST.” A relationship to something such that a personal benefit has been, will be, or might be obtained by certain action or inaction with respect to it.
“RELATIVE.” A spouse, child, step-child, brother, sister, parent or step-parent, or a person claimed as a dependent on the officer or employee’s latest individual state income tax return.
“SUBORDINATE.” Another official or employee over whose activities an official or employee has direction, supervision, or control.
“TRANSACTION.” Any matter, including but not limited to, contracts, work, or business with the city, the sale or purchase of real estate by the city, and any request for zoning amendments, subdivision approval, conditional use approval, variance approval, or special permit approval, pending before the city upon which a public officer or employee performs an official act or action.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)